We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Patent Args Should’ve Gone To Jury, Fed Circ. Told

Law360, Washington (December 4, 2017, 9:07 PM EST) -- Kaz USA Inc. urged a Federal Circuit panel Monday to upend Exergen Corp.’s $14.6 million patent infringement win against the company, arguing a district court judge shouldn’t have decided forehead thermometer patent issues properly left to the jury.

It’s up to a jury, not a judge, to decide factual issues of patent eligibility under the Seventh Amendment, Kaz attorney Pratik A. Shah told the panel in oral arguments. Specifically, a jury should have considered whether patent elements on taking patient temperatures are simply routine processes not...
To view the full article, register now.